Michigan Felonious Assault Lawyer - Will I Face Felony Firearm?

By
Prain Law, PLLC
|January 05, 2015

The Law Office of Brian J. Prain, PLLC is your
Michigan Assault Lawyer, a Criminal Defense firm concentrating specifically on aggressively defending
those accused of Assault crimes, including Michigan Felonious Assault
charges. If you're reading this, why not just call and speak to
Michigan Assault Attorney Brian J. Prain right now at
(248) 731-4543? Are you or someone you know facing a
Michigan Felonious Assault (Assault With a Dangerous Weapon) charge? If so, and if the weapon allegedly used is afirearm, you could face the possibility of having the extremely harsh charge of
Felony Firearm added at some point in the case. The
Michigan Felonious Assault law MCL 750.82 makes any
Assault With a Dangerous Weapon a felony that can land you in
Prison for up to 4 years (more if you have prior felonies).
But there is another criminal charge that can be added to Felonious Assault
at any time, including during trial. That crime is called Felony Firearm, and if you are convicted of Felony
Firearm in Michigan, you get a
MANDATORY 2 YEARS IN PRISONon top of whatever time you get under your Sentencing Guidelines for a
Michigan Felonious Assault conviction.

TheFelony Firearm law MCL 750.227bstates: "[a] person who carries or has in his or her possession a firearm when he
or she commits or attempts to commit a felony, except a violation of section
223, section 227, 227a or 230, is guilty of a felony, and shall be imprisoned
for 2 years. Upon a second conviction under this section, the person shall
be imprisoned for 5 years. Upon a third or subsequent conviction under
this subsection, the person shall be imprisoned for 10 years."That's it, if the Prosecution moves to amend your charges to add Felony
Firearm to your Michigan Felonious Assault charge, and if you are convicted,
you WILL go to State Prison for 2 years plus the Guideline range for the
Felonious Assault charge. AND HERE'S THE KICKER: the standardMichigan Model Criminal Jury Instruction for Felony Firearm, 11.34, says
you don't even need to be convicted of the Michigan Felonious Assault
charge to be convicted of Felony Firearm and end up doing 2 years. This is completely illogical. Plus, a Jury will never know about the
harsh 2 year sentence. They may think they're doing you a favor by
finding you NOT GUILTY of the Michigan Felonious Assault charge and finding
you guilty of Felony Firearm, when in-fact they're sending you straight
to Prison.
The right Michigan Assault Lawyer can AVOID THIS.

Are you at risk of having a charge of Felony Firearm addd to your Michigan
Felonious Assault charge? Call a top-ranked, expertMichigan Assault Lawyerright now at(248) 731-4543.
It's free, yet priceless.

The information on this website is for general information purposes only.
Nothing on this site should be taken as legal advice for any individual
case or situation. This information is not intended to create, and receipt
or viewing does not constitute, an attorney-client relationship.